ENNA INVESTMENTS PTY LTD V MCNAMARA (Residential Tenancies)

Enna Investments Pty Ltd initiated legal proceedings against McNamara, the tenant, in the Magistrates’ Court of Victoria. The dispute centred on alleged breaches of the standard terms of a residential tenancy agreement, specifically the tenant's failure to take reasonable care of the property, resulting in damage caused by the tenant's pets. The applicant sought compensation for the damages, as well as the recovery of a filing fee from the Tribunal.

The primary legal issues that the court had to address were whether the tenant had indeed breached the terms of the residential tenancy agreement by failing to take reasonable care of the property, and if so, the extent of the damages. The court was also required to determine whether the applicant was entitled to recover the filing fee from the Tribunal, which was initially paid by the tenant.

The court found that the tenant had breached the residential tenancy agreement by failing to take reasonable care of the property, leading to damage caused by the pets. The court assessed the damages and ordered the tenant to pay the applicant compensation for the breaches. Additionally, the court ruled that the applicant was entitled to recover the Tribunal filing fee from the tenant. Consequently, the tenant was ordered to pay the applicant a sum of $9188.54 by 20 October 2016, representing the compensation for the breaches less the amount awarded to the tenant for the applicant's breaches of the residential tenancy agreement and the bond retained by the applicant.